RG Kar parents withdraw SC plea, to file fresh appeal for HC hearing
Times of India | 30 January 2025
Kolkata: Parents of the RG Kar victim on Wednesday withdrew their Supreme Court petition they had earlier filed, seeking further probe into the alleged involvement of "others" in the rape and murder of their daughter. Chief Justice of India Sanjiv Khanna allowed them to file a fresh appeal, seeking clarification on whether this appeal for further probe could be heard by the Calcutta High Court.
The family's lawyers filed the application, seeking clarification from the SC whether the Calcutta High Court single bench could continue hearing the appeal they had already filed there for further probe.
During the hearing on Wednesday, the bench of CJI Khanna and Justice Sanjay Kumar asked the family's lawyer, Karuna Nundy, if the court should proceed with the case, as a plea had also been filed before the Calcutta HC. The SC warned the lawyer to be careful with the submissions in the affidavit, as the trial court had already convicted arrested civic volunteer Sanjay Roy in the rape and murder case. The Solicitor General, Tushar Mehta, said the CBI, probing the case, had answers to all the questions raised by the family.
According to an advocate, contention was raised that some of the grounds mentioned in the application could help Roy's case and so, the family's lawyer will file a fresh application with some amendments.
The family had moved the Calcutta HC, seeking further probe, prior to the trial court's verdict, which convicted Sanjay Roy as the sole accused in the rape and murder case. The trial court has sentenced Roy to life imprisonment.
With the Supreme Court's suo motu case in the RG Kar rape and murder incident pending, the HC single bench of Justice Tirthankar Ghosh sought clarification on whether he could still hear the matter. Advocate Gargi Goswami, representing the victim's parents at HC, informed Justice Ghosh that they filed an application before the SC, seeking the clarification. Goswami said while the parents did not have any problem with Roy's conviction, they had expressed dissatisfaction with the probe of the "other persons" involved.
Both the state and CBI filed appeals before the Calcutta HC division bench, seeking Roy's death penalty. The bench has reserved the judgement on which appeal would be admitted by the court. The family, in the last hearing, said they did not want capital punishment for Roy as of now. They feared Roy's hanging could lead to the disappearance of whatever evidence there might be.